You may remember from our January update that the SRA withdrew its proposed complaints-handling rule changes at the last minute, after the LSB indicated it would not approve them in their current form.
Well, they’re back and going ahead… The SRA ran a supplementary consultation from 3 July to 1 September, adding two new requirements to the original proposals (which were giving complaints information at the end of the matter as well as the start, making website complaints information more prominent, and adopting the LSB’s definition of a complaint). Two new proposed rules will be added to paragraph 8.3 of the Code for Solicitors (applied to firms via the Code for Firms), providing that, when a complaint is made, the client must be given:
- a timeline for resolving it; and
- regular updates on progress.
No fixed frequency is proposed for updates (the consultation considers the option of asking clients what they would prefer), and the 8-week deadline for a final response stays the same. The SRA has also drafted a ‘Complaints Handling Requirements Statement’ bringing all of the existing and new obligations together in one place.
The profession isn’t entirely convinced. The Law Society questioned whether now is the right time, given the rise in AI-generated complaints, and warned the rules could create an incentive to pay off unhappy clients, while Birmingham Law Society opposed the proposals outright. The final proposals will need LSB approval (which, as we saw in January, can’t be taken for granted!), so changes are most likely to land in 2027.
What can you do now?
Whilst there is no immediate rush to do anything until the SRA (and LSB) confirm their position, adopting LeO’s complaints definition (and reminding staff how broad it is), ensuring your complaints procedure is in a prominent position on your website, adding an expected timeline to your complaint acknowledgement letters and building in update prompts are good practice anyway, and will make the transition less painful if the rules are approved. Firms may however, be less inclined to rush to remind clients about their complaints procedures again at the end of a matter 🤔
As soon as we know more, we will let you know.